Exploring Legal Issues, Trends and Developments

What may appear to be a “minor fender bender” between two
cars can translate to catastrophic injury to cyclists, pedestrians or motorcyclists
unfortunate enough to find themselves on the receiving end of such a crash.

While pedestrians and cyclists in Ontario are usually
perceived as the most vulnerable group of road users, motorcyclists also face
significant risk yet may face further legal battles that cyclists or
pedestrians don’t.

For example, when cyclists or pedestrians are involved in
collisions with other motor vehicles in Ontario, the operator of the motor
vehicle must prove that he/she was not at fault. This is commonly referred to
the “reverse onus” on the driver whose vehicle strikes a cyclist or pedestrian.
In other words, the operator of the motor vehicle is presumed to be at fault
unless they can prove otherwise.

Injured motorcyclists on the other hand cannot avail
themselves of this “reverse onus” even though it is often the motorcyclists
themselves (and their passengers) who pay the ultimate price because of the
carelessness of other drivers.

For example between 2005 and 2014, the O.P.P. conducted a study , which found 279 motorcycle rider deaths. In 89 of these fatalities, consisting of 74 motorcycle operators and 15 motorcycle passengers, the victims did “nothing wrong”.

The sad reality is that motorcyclists
are often seen as being “speed demons” and authors of their own misfortune.
This poses additional barriers to injured riders who will often be accused of
speeding, disobeying the rules of the road and/or causing the accident.

Juries are unpredictable and insurance
companies may pitch the narrative that you as the injured rider are at fault
because you were on the motorcycle. The optics of being on a motorcycle shouldn’t
but sadly CAN affect the outcome of
your case as an injured motorcyclist.

As a motorcyclist, it is extremely
important to anticipate these arguments being made against you if you are
involved in a crash by no fault of your own. Having a motorcycle dashcam to
record your road trips is a great way to capture the incident and have your
side of the story documented in real time.

The law creates another uphill battle for injured motorcyclists. The last thing an injured motorcyclist needs is another hill to climb.